The Colorado Court of Appeals this week dismissed Denver Public Schools’ appeal of a court ordering the district release a video recording of its March 23 executive session, effectively ending the media’s legal battle for the recording.

DPS, too, has agreed to pay $28,000 of the legal costs incurred in the lawsuit brought by a coalition of media outlets, which includes The Denver Gazette and Colorado Politics.

At the heart of the district’s appeal was whether Denver District Court Judge Andrew J. Luxen had erred in reviewing and then revealing in his order details from the audio not disclosed at the time.

Having lost the lawsuit, the district is responsible for the plaintiff’s legal fees.

In addition to this cost, the district has also paid more than $12,000 to the Denver law firm Semple, Farrington, Everall & Chase to defend the lawsuit, according to legal invoices obtained through a Colorado Open Records Act request.

Neither Scott Pribble, a DPS spokesperson, could not be immediately reached by email or cell phone for comment nor Bill Good, a spokesperson for the board of education.

The media coalition sued to have the court compel the district to release the March 23 executive session recording after DPS board members appeared to have crafted policy outside of public view after two administrators were shot at East High School.

Colorado’s Sunshine laws permit government agencies to conduct private meetings for specific purposes, but requires state and local governments discuss and take action in meetings open to the public.

In June, Luxen ruled DPS had engaged “in a substantial discussion of matters” in violation of Colorado’s open meeting laws and ordered the release of the audio recording.

After initially fighting its release by appealing the decision, the DPS Board of Education reversed course and released the video recording on July 22.

The recording clearly shows board members extensively discussing Superintendent Alex Marrero’s decision — in violation of a 2020 ban by the board — to unilaterally return armed officers to the district’s comprehensive high schools. The board also discussed a resolution to officially bring police officers back to schools.

The stated purpose of the executive session was to discuss security arrangements or investigations as a result of the March 22 shooting at East High and to talk about individual students — presumably including Lyle Austin who, police said, later committed suicide after shooting the two deans.

The court of appeals dismissed the district’s appeal Aug. 9.